How to Apply for a Green Card via Marriage
Under most circumstances it is absolutely within the law to apply for a green card if you are married to a foreign national as long as your relationship with your spouse is completely above board and not a scheme to obtain a green card for USA immigration. It is also important to become familiar with the laws of immigration when you are married to a foreign national before you proceed to apply for a green card. Any violation of the laws associated with a green card marriage can result in permanent deportation and hefty fines.
How a Green Card Marriage Works
First and foremost, the relationship with your spouse must be based on genuine love. The relationship should not exist solely for the purpose of acquiring a green card to the United States. That said, if your husband or wife currently resides within the US and has acquired US citizenship this will make you instantly eligible for a green card.
On the other hand, if your husband or wife currently has permanent residency within the United States but they hold a green card instead of acquiring US citizenship, then the procedure for acquiring your green card will be different.
Green Card Approval
If you are married to a foreign national that resides within the US holding a green card the United States Citizenship and Immigrations Services (USCIS) must approve your application. Once you have submitted your petition, the Department of State will inform your foreign national husband or wife that your green card is available.
In the event that your foreign national spouse is temporarily outside of the United States at the time you are approved for a green card, it will be necessary for your spouse to go to the American Consulate to complete the green card process. It is also important to mention when you apply for a visa and you are approved there may not be a number immediately available. If you are visiting your foreign national spouse in the US it may become necessary for you to return to your native country to avoid breaking the law for overstaying your visit in the United States.
When you apply for a green card you may only be awarded a conditional status. Conditional status occurs when you have been married to your foreign national spouse for less than two years. In this case, you are awarded a green card on conditional status which is valid for up to two years. The purpose of conditional status is to avoid marriage scams that take place in an effort to acquire green card status. To remove the conditional status from your green card you must wait until the second anniversary of your marriage. After this anniversary you have up to three months to submit a petition to eliminate the conditional status from your green card.
Finally, if you know the marriage to your foreign national spouse is genuine and based on love then you should not have anything to be concerned about when you apply for a green card.
In the meanwhile you can always apply in the Green Card Lottery using the Online application form provided by US Green Card Office